V Clark v Kim Middleton & Anor

V Clark v Kim Middleton & Anor

The Employment Tribunal erred in awarding zero compensation for the failure to notify the claimant of the identity of the transferee, as this is a fundamental aspect of the duty to inform under Regulation 13(2)(a) TUPE. The matter is remitted for fresh assessment of the award by a differently-constituted tribunal....

Source-derived case information.

Parties
Appellant: Miss V Clark; Respondent: Kim Middleton; Respondent: Black Dog Hydrotherapy Ltd
Jurisdiction
England and Wales
Judgment Date
21 October 2021
Procedural Posture
Employment Appeal / Judgment on Appeal From Employment Tribunal
Outcome
Appeal allowed in part, matter remitted for fresh assessment of compensation for failure to notify identity of transferee; other grounds dismissed.
Legal Topics
Transfer of Undertakings (protection of Employment) Regulations (tupe), Duty to Inform and Consult, Protective Award, Employment Transfer, Microbusiness Exemption
Employment Law Transfer of Undertakings (protection of Employment) Regulations (tupe) Duty to Inform and Consult Protective Award Employment Transfer Microbusiness Exemption

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Miss V Clark

Appellant

Kim Middleton

Respondent

Black Dog Hydrotherapy Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the transferor (Mrs Middleton) failed to comply with her obligations to inform and consult under TUPE Regulation 13
  2. 2 Whether the transferee (Black Dog Hydrotherapy Ltd) could be liable for a Regulation 15(8)(b) award after settlement and withdrawal
  3. 3 Whether the Employment Tribunal erred in awarding zero compensation for failure to notify the identity of the transferee

Ratio Decidendi

The Employment Tribunal erred in awarding zero compensation for the failure to notify the claimant of the identity of the transferee, as this is a fundamental aspect of the duty to inform under Regulation 13(2)(a) TUPE. The matter is remitted for fresh assessment of the award by a differently-constituted tribunal. The Tribunal was correct that, following withdrawal and dismissal of claims against the transferee, no award could be made against it under Regulation 15(8)(b).

Court Disposition

Appeal allowed in part, matter remitted for fresh assessment of compensation for failure to notify identity of transferee; other grounds dismissed.

Orders

  • The decision to award zero compensation for failure to notify the identity of the transferee is quashed.
  • The issue of the appropriate award is remitted to a differently-constituted tribunal for fresh consideration.